Guidance

Enhanced DBS checks in the 'Other' workforce legislation

Published 1 September 2026

1. Introduction

This webpage sets out the legislation which underpins the guidance on the Enhanced in the other workforce eligibility webpage.

DBS have provided this to organisations to support them in their decision making. DBS may not be able to provide further context surrounding this wording.

This is not intended as legal advice. Organisations should seek professional guidance as needed.

2. Roles eligible for Enhanced with both barred list checks

2.1 a)Taxi drivers - When renewing or applying for a taxi or private hire vehicle licence, the licensing organisation can ask applicants to apply for an Enhanced DBS check with both Children’s and Adults’ Barred List checks. Applications by the licensing authority/organisation must be submitted in the Other workforce

Wording from the Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2012/2114 regulations 12 and 13 - obtaining suitability information relating to children and vulnerable adults:

Considering the applicant’s suitability to obtain or hold a licence under section 46 of the Town Police Clauses Act 1847; section 8 of the Metropolitan Public Carriage Act 1869; section 9 of the Plymouth City Council Act 1975; section 51 of the Local Government (Miscellaneous Provisions) Act 1976; or section 13 of the Private Hire Vehicles (London) Act 1998.

2.2 b) Individuals applying through their local authority to be hosts for Ukrainian refugees that they are related to under the Homes for Ukraine scheme

Wording from the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 as amended:

Considering whether a person, “the current or potential sponsor”, meets or continues to meet the requirements for approval to provide accommodation to a person who has applied for or has been granted permission to enter into or stay in the United Kingdom in accordance with Appendix Ukraine Scheme of the Immigration Rules, including assessing the suitability of any person aged 16 or over, who lives in the same household as the current or potential sponsor, to have regular contact with a person who may be or has been provided with accommodation under that Scheme.”.

2.3 c) Individuals applying for or renewing a pedicab licence in London

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 as amended:

Considering the applicant’s suitability to obtain or hold a licence granted under regulations made under section 2 of the Pedicabs (London) Act 2024

2.4 d)Registered healthcare professionals working for or on behalf of the Department for Work and Pensions to assess children or vulnerable adults

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 as amended:

Considering the applicant’s suitability to work as a registered health care professional, employed or engaged by—

• (i)the Secretary of State for Work and Pensions; or

• (ii)contractors or sub-contractors, who are carrying out activities for the Secretary of State for Work and Pensions

3. Roles eligible for Enhanced only

3.1 a) Individuals applying for or renewing an operating licence to run premises where gambling can take place

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5A:

(c) Obtaining or holding an operating licence under Part 5 of the Gambling Act 2005 for the purposes of that Act.

3.2 b) Individuals applying for or renewing a personal licence to perform the functions of a specified management office, or a specified operational function, in relation to facilities for gambling

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5A:

(d) Obtaining or holding a personal licence under Part 6 of the Gambling Act 2005 for the purposes of that Act.

3.3 c) Individuals applying to work for the Gambling Commission

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 Regulation 5A

(e) Considering an individual’s suitability for a position as Commissioner for the Gambling Commission and for any office or employment in the Commissioners’ service.

3.4 d) Individuals applying for or renewing a licence to run the National Lottery or promote or sell tickets in relation to that lottery

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5A:

(f) Obtaining or holding a licence under section 5 or 6 of the National Lottery Act 1993 (running or promoting lotteries).

3.5 e)Individuals required to be registered by the Immigration Services Commissioner to provide immigration advice or services, not in connection with criminal proceedings

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5A:

(x) Considering the applicant’s suitability for work as a person who provides immigration advice or services as defined in section 82(1) of the Immigration and Asylum Act 1999 and is –

• (i) a registered person under Part 5 of that Act, or
• (ii) a person who acts on behalf of and under the supervision of such a registered person, or a person who is exempt by section 84(4)(a) to (c) of that Act.

3.6 f) Individuals applying for or renewing a licence to produce, supply, offer to supply or have in his possession any controlled drug.

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5A:

(y) Considering the applicant’s suitability to obtain or retain a licence under regulation 5 of the Misuse of Drugs Regulations 2001 or under Article 3(2) of Regulation 2004/273/EC or under Article 6(1) of Regulation 2005/111/EC where the question relates to any person who as a result of his role in the body concerned is required to be named in the application for such a licence (or would have been so required if that person had had that role at the time the application was made).

3.7 g) Individuals applying to be a Maritime armed guard on UK ships where they can carry, acquire or transfer weapons and/or ammunition

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5A:

(zd) Considering an individual’s suitability to have in their possession, to acquire or to transfer, prohibited weapons or ammunition to which section 5 of the Firearms Act 1968 applies.

3.8 h) Individuals applying to be employed for the purpose of national security for the following:

• in service of the Crown;
• the United Kingdom Atomic Energy Authority
• the Financial Conduct Authority (FCA);
• the Prudential Regulation Authority (PRA)

Wording from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 art. 3ZA:

(b) Any question asked by or on behalf of any person, in the course of his duties as a person employed in the service of the Crown, the United Kingdom Atomic Energy Authority or the FCA or the PRA in order to assess, for the purpose of safeguarding national security, the suitability of the person to whom the question relates or of any other person for any office or employment where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed for the purpose of safeguarding national security.”

Wording from the Police Act 1997 (Criminal Records) Regulations 2002 regulation 5A:

(ze) Assessing the suitability of a person for any office or employment which relates to national security.

3.9 i)Individuals applying for judicial appointments, such as Judges, Magistrates, Coroners or Justices of the Peace

Wording from section 116 of the Police Act 1997:

(2) An application under this section must be accompanied by a statement by a Minister of the Crown, or a person nominated by a Minister of the Crown, that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability

for—

• (a) a judicial appointment

3.10 j) Individuals applying to be employed by the Crown.

Wording from section 116 of the Police Act 1997

(2) An application under this section must be accompanied by a statement by a Minister of the Crown, or a person nominated by a Minister of the Crown, that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability

for—

• (b) an appointment by or under the Crown to a position of such description as may be prescribed